THE RIGHT TO SELF-DETERMINATION
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The right to self-determination is specifically mentioned in the South African Constitution (S.235).
It is guaranteed by international law, eg: International Covenant on Civil and Political Rights,
the African Union Charter on Human and Peoples Rights,
and the United Nations Charter,
to all of which the Republic of South Africa is a signatory.
Here are some of the legal documents recognising the intrinsic right to self-determination:
Constitution of the Republic of South Africa Chapter 14. Section 235. Recognises and Guarantees
“…the right of self-determination of any community sharing a common cultural and language heritage, within a territorial entity in the Republic …”
United Nations Charter 1945 Chapter I: Purposes and Principles, Article 1
The Purposes of the United Nations are:
2. To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace
Self Determination: Principle & The Law
Declaration on the Granting of Independence to Colonial Countries and Peoples
Adopted by the UN General Assembly
Resolution 1514 (XV), 14 December 1960:
2. All peoples have the right to self-determination; by virtue of that right, they freely determine their political status and freely pursue their economic, social and cultural development.
5. Immediate steps shall be taken, in Trust and Non-Self-Governing Territories or all other territories which have not yet attained independence, to transfer all powers to the peoples of those territories, without any conditions or reservations, in accordance with their freely expressed will and desire, without any distinction as to race, creed or colour, in order to enable them to enjoy complete independence and freedom.
International Covenant on Civil and Political Rights
G.A. res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171, entered into force Mar. 23, 1976.
1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.
3. The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations
African Union (AU) Charter
African Charter on Human and Peoples Rights
Self Determination, Article 20
1. All peoples shall have the right to existence. They shall have the unquestionable and inalienable right to self- determination. They shall freely determine their political status and shall pursue their economic and social development according to the policy they have freely chosen.
2. Colonized or oppressed peoples shall have the right to free themselves from the bonds of domination by resorting to any means recognized by the international community.
3. All peoples shall have the right to the assistance of the States parties to the present Charter in their liberation struggle against foreign domination, be it political, economic or cultural.
In summary, Self-determination is recognised by:
There are also other elements to self-determination which even further strengthen the case for independence. One is that if a country was formed through a union of previously autonomous states there is a higher propensity for those states to reclaim independence:
All over the world territories are choosing self-determination.
The (Brexit) referendum taken by the British people to be independent from the European Union is another example of this emerging movement of decentralisation and independence. There are numerous other nations preparing for secession.
Free the Cape!
See also: Secession in the Bible and in History
Eyewitness to Successful Secession
A Case for Cape Independence
The Cape of Good Hope for the Future
Cape Independence Handbook
The Cape of Good Hope